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Maharashtra Gazette · Government of Maharashtra

Part VIII, Ex. No. 61, Urban Development Department, Maharashtra Ordinance No. IX of 2026, Township Act, 1965, Dated 17th June 2026.

Published 17 June 2026

Type
Extra - Ordinary
Part
Part 8 (English)
Division
CENTRAL SECTION
Identifier
in.gazette.maharashtra.2026-06-17.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-
Languages
English, Marathi

RNI No. MAHENG /2009/35528

महाराष्ट्रट शासन राजपत्र

असाधाराण भाग आठ

वर्ष १२, अंक २८] बुधावारा, जून १७, २०२६/ज्येष्ठ २७, शाके १९४८ [पृष्ठे ४, किंकंमत : रुपये २७.००

असाधाराण क्रमांक ६१

प्राकिंधाकृत प्राकाशान

महाराष्ट्र किंवधानमंडळाचे अकिंधाकिंनयेम व राज्येपालांांनी प्राख्येाकिंपत केलांेलांे अध्येादेशा व केलांेलांे

किंवकिंनयेम आकिंण किंवकिंधा व न्येाये किंवभागाकडून आलांेलांी किंवधाेयेके (इंग्रजी अनुवादे).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Municipal Laws (Amendment) Ordinance, 2026 (Mah. Ord. IX of 2026), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SUPRIYA DHAWARE, Secretary (Legislation) to Government, Law and Judiciary Department. (Translation in English of the Maharashtra Municipal Laws (Amendment) Ordinance, 2026 (Mah. Ord. IX of 2026), published under the authority of the Governor).

URBAN DEVELOPMENT DEPARTMENT

Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk, Mumbai 400 032, dated the 17th June 2026.

MAHARASHTRA ORDINANCE No. IX OF 2026.

AN ORDINANCE

further to amend the Mumbai Municipal Corporation Act, the Maharashtra

Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar

Panchayats and Industrial Townships Act, 1965.

WHEREAS both Houses of the State Legislature are not in session;

III of 1888.

LIX of 1949. AND WHEREAS the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action further to amend the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for the purposes hereinafter appearing; Mah. XL of 1965. (१)

भाग आठ-६१–१२ महाराष्ट्रट शासन राजपत्र असाधाराण भाग आठ, जून १७, २०२६/ज्येष्ठ २७, शाके १९४८ NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Ordinance, namely :—

CHAPTER I

PRELIMINARY

Short title and commencement.

1. (1) This Ordinance may be called the Maharashtra Municipal Laws (Amendment) Ordinance, 2026.

(2) It shall come into force at once.

CHAPTER II

AMENDMENTS TO THE MUMBAI

MUNICIPAL CORPORATION ACT

III of 1888.

Amendment of section 5B of III of 1888.

2. In section 5B of the Mumbai Municipal Corporation Act (hereinafter, in this Chapter, referred to as "the Mumbai Municipal Corporation Act"), after the second proviso, the following proviso shall be added, namely:-

Mah. Ord. IX of 2026.

"Provided also that, if such person is elected in the elections held on or after the 15th January 2026 but on or before the date of commencement of the Maharashtra Municipal Laws (Amendment) Ordinance, 2026, and he fails to produce the Validity Certificate within a period of twelve months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Councillor.".

3. In section 37 of the Mumbai Municipal Corporation Act, in sub-section (2A), after the second proviso, the following proviso shall be added, namely :—

Amendment of section 37 of III of 1888.

Mah. Ord. IX of 2026.

"Provided also that, if such person is elected in the elections held on or after 15th January 2026 but on or before the date of commencement of the Maharashtra Municipal Laws (Amendment) Ordinance, 2026, and he fails to produce the Validity Certificate within a period of twelve months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Mayor.".

CHAPTER III

AMENDMENTS TO THE MAHARASHTRA

MUNICIPAL CORPORATIONS ACT

LIX of

1949. Amendment of section 5B of LIX of 1949.

4. In section 5B of the Maharashtra Municipal Corporations Act (hereinafter, in this Chapter, referred to as "the Maharashtra Municipal Corporations Act"), after the second proviso, the following proviso shall be added, namely :—

Mah. Ord. IX of 2026.

"Provided also that, if such person is elected in the elections held on or after the 15th January 2026 but on or before the date of commencement of the Maharashtra Municipal Laws (Amendment) Ordinance, 2026, and he fails to produce the Validity Certificate within a period of twelve months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Councillor.".

5. In section 19 of the Maharashtra Municipal Corporations Act, in sub-section (1B), after the second proviso, the following proviso shall be added, namely :—

Amendment of section 19 of LIX of 1949.

Mah. Ord. IX of 2026.

"Provided also that, if such person is elected in the elections held on or after the 15th January 2026 but on or before the date of commencement of the Maharashtra Municipal Laws (Amendment) Ordinance, 2026, and he fails to produce the Validity Certificate within a period of twelve months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Mayor.".

महाराष्ट्रट शासन राजपत्र असाधाराण भाग आठ, जून १७, २०२६/ज्येष्ठ २७, शाके १९४८ ३

CHAPTER IV

AMENDMENTS TO THE MAHARASHTRA MUNICIPAL COUNCILS,

NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965.

Mah. XL of 1965.

Amendment of section 9A of Mah. XL of 1965.

6. In section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter, in this Chapter, referred to as "the Maharashtra Municipal Councils Act"), after the second proviso, the following proviso shall be added, namely :-

Mah. Ord. IX of 2026.

"Provided also that, if such person is elected in the elections held on or after the 2nd December 2025 but on or before the date of commencement of the Maharashtra Municipal Laws (Amendment) Ordinance, 2026, and he fails to produce the Validity Certificate within a period of twelve months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Councillor.".

7. In section 51-1B of the Maharashtra Municipal Councils Act, after the second proviso, the following proviso shall be added, namely :—

Amendment of section 51-1B of Mah. XL of 1965.

Mah. Ord. IX of 2026.

"Provided also that, if such person is elected in the elections held on or after the 2nd December 2025 but on or before the date of commencement of the Maharashtra Municipal Laws (Amendment) Ordinance, 2026, and he fails to produce the Validity Certificate within a period of twelve months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a President.".

४ महाराष्ट्रट शासन राजपत्र असाधाराण भाग आठ, जून १७, २०२६/ज्येष्ठ २७, शाके १९४८

STATEMENT

Sections 5B and 37of the Mumbai Municipal Corporation Act (III of 1888), sections 5B and 19 of the Maharashtra Municipal Corporations Act (LIX of 1949) and sections 9A and 51-1B of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965) provides that every person desirous of contesting election to a seat reserved for Councillor, Mayor or President for persons belonging to Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Classes of Citizens, shall submit, alongwith the nomination papers, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee.

2. The candidates are however permitted, under the provisos to abovereferred section to submit, alongwith the nomination papers for election to a reserved seat, a true copy of the application preferred by him to the Scrutiny Committee for issuance of the Validity Certificate or any other proof thereof; and an undertaking that he shall submit, within a period of six months from the date of his election, the Validity Certificate issued by the Scrutiny Committee. The effect of failure to submit such Validity Certificate within specified period of six months is termination of election of such persons with retrospective effect and disqualification to hold the post of Councillor, Mayor or President, as the case may be.

3. As elections to large number of municipalities have been held simultaneously in the months of December 2025 and January 2026, the Scrutiny Committees have been overburdened with the task of verification of caste certificates and issuing Validity Certificates. Due to this, the elected councillors in such elections are facing difficulties in obtaining Validity Certificates in specified time limit. Therefore, it is necessary to ensure that the elected Councillors, Mayor and President who are yet to receive the Validity Certificates due to pendency of their applications before the Scrutiny Committee, are not disqualified for want of submission of Validity Certificates within a specified time limit. It is, therefore, considered expedient to provide for extension of further period of six months for submitting Validity Certificates by such elected Councillors, Mayor and President in such elections, by suitably amending abovereferred sections of relevant Municipal Laws.

4. As both Houses of the State Legislature are not in session and the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action further to amend the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for the purposes aforesaid, this Ordinance is promulgated.

JISHNU DEV VERMA,

Mumbai, Dated the 17th June 2026. Governor of Maharashtra.

By order and in the name of the Governor of Maharashtra,

ASEEM GUPTA, Additional Chief Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

Cite this issue. Maharashtra Gazette, Government of Maharashtra, 17 June 2026. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.maharashtra.2026-06-17.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-/. Archive identifier in.gazette.maharashtra.2026-06-17.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-.